Terms - Powerhouse
TERMS AND CONDITIONS - Agreement of Release and Waiver of Liability
Currency - All sales are billed in USD.
Payment/Cancellation Policy - All sales are final. Please note there are no refunds, nor are there discounts for arriving late, leaving early, flight cancellations, travel delays or illness. If you cancel your participation in the event for any reason, this policy will apply with no exceptions. All tickets are non-transferrable.
READ CAREFULLY - THIS AFFECTS YOUR LEGAL RIGHTS
In exchange for participation in the activity of the Powerhouse event organized by The Litt Factor, Inc, of 7069 Lake Island Drive Lake Worth, FL 33467 and use of the property, facilities and services of The Litt Factor, Inc, I agree for myself, to the following:
1. AGREEMENT TO FOLLOW DIRECTIONS. I agree to observe and obey all posted rules and warnings, and further agree to follow any oral instructions or directions given by The Litt Factor, Inc, or the employees, representatives or agents of The Litt Factor, Inc.
2. ASSUMPTION OF THE RISKS AND RELEASE. I recognize that there are certain inherent risks associated with attendance and participation in the Retreat and I assume full responsibility for personal injury to myself, and further release and discharge The Litt Factor, Inc for injury, loss or damage arising out of my use of or presence upon the facilities of The Litt Factor, Inc, whether caused by the fault of myself, The Litt Factor, Inc or other third parties. Food and alcohol will be provided. You (the attendee) assumes all responsibility to eat and drink responsibly. You (the attendee) agrees that The Litt Factor, Inc., nor the event location, will not be held responsible for any damages or injuries incurred when eating and drinking at the event.
3. INDEMNIFICATION. I agree to indemnify and defend The Litt Factor, Inc against all claims, causes of action, damages, judgments, costs or expenses, including attorney fees and other litigation costs, which may in any way arise from my use of or presence upon the facilities of The Litt Factor, Inc.
4. FEES. I agree to pay for all damages to the facilities of The Litt Factor, Inc. caused by any negligent, reckless, or willful actions caused by me.
5. APPLICABLE LAW. Any legal or equitable claim that may arise from participation in the above shall be resolved under Florida law.
6. NO DURESS. I agree and acknowledge that I am under no pressure or duress to sign this Agreement and that I have been given a reasonable opportunity to review it before signing. I further agree and acknowledge that I am free to have my own legal counsel review this Agreement if I so desire.
7. ARM'S LENGTH AGREEMENT. This Agreement and each of its terms are the product of an arms' length negotiation between the Parties. In the event any ambiguity is found to exist in the interpretation of this Agreement, or any of its provisions, the Parties, and each of them, explicitly reject the application of any legal or equitable rule of interpretation which would lead to a construction either "for" or "against" a particular party based upon their status as the drafter of a specific term, language, or provision giving rise to such ambiguity.
8. ENFORCEABILITY. The invalidity or unenforceability of any provision of this Agreement, whether standing alone or as applied to a particular occurrence or circumstance, shall not affect the validity or enforceability of any other provision of this Agreement or of any other applications of such provision, as the case may be, and such invalid or unenforceable provision shall be deemed not to be a part of this Agreement.
9. ARBITRATION. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
CONFIDENTIALITY
The Litt Factor, Inc. respects Client’s privacy and insists that Client respects the Company’s and Program Participants (herein referred to as “Participants”). Thus, consider this a mutual non-disclosure agreement. Any Confidential Information shared by Program Participants or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it.
Both Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions or during discussions, during the retreat or otherwise. Client agrees not to use such confidential information in any manner other than in discussion with the Company or other Program Participants during the Program. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.
NON-DISPARAGEMENT
The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Service Provider or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
PHOTO & VIDEO RELEASE
For good and valuable consideration, the receipt of which is hereby acknowledged, I hereby authorize The Litt Factor, Inc. permission to use my likeness in a photograph or video in any and all of its publications, including but not limited to all The Litt Factor, Inc.'s printed and digital publications. I understand and agree that any photograph or video using my likeness will become property of The Litt Factor, Inc. and will not be returned.
I acknowledge that since my participation with The Litt Factor, Inc. is voluntary, I will receive no financial compensation.
I hereby irrevocably authorize The Litt Factor, Inc. to edit, alter, copy, exhibit, publish or distribute this photo for purposes of publicizing The Litt Factor, Inc.'s programs or for any other related, lawful purpose. In addition, I waive the right to inspect or approve the finished product, including written or electronic copy, wherein my likeness appears. Additionally, I waive any right to royalties or other compensation arising or related to the use of the photograph.
I hereby hold harmless and release and forever discharge The Litt Factor, Inc. from all claims, demands, and causes of action which I, my heirs, representatives, executors, administrators, or any other persons acting on my behalf or on behalf of my estate have or may have by reason of this authorization.
